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Pub.L. 104-38 To disapprove of amendments to the Federal Sentencing Guidelines relating to lowering of crack sentences and sentences for money laundering and transactions in property derived from unlawful activity. <> %%Fi...
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[[Page 109 STAT. 299]]
Public Law 104-37
104th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1996, and for other purposes. <<NOTE: Oct. 21,
1995 - [H.R. 1976]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1996.>> assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1996, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $10,227,000, of which $7,500,000 to remain available until
expended, shall be available for InfoShare: Provided, That not to exceed
$11,000 of this amount, along with any unobligated balances of
representation funds in the Foreign Agricultural Service shall be
available for official reception and representation expenses, not
otherwise provided for, as determined by the Secretary.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of the section 706(a) of the Organic Act
of 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $3,948,000.
[[Page 109 STAT. 300]]
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,846,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $5,899,000.
Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,133,000: Provided,
That the Chief Financial Officer shall reinstate and market cross-
servicing activities of the National Finance Center: Provided further,
That none of the funds appropriated or otherwise made available by this
Act shall be used to obtain, modify, re-engineer, license, operate,
implement, or expand commercial off-the-shelf financial management
software systems or existing commercial off-the-shelf system financial
management contracts, beyond general ledger systems and accounting
support software, at the National Finance Center until thirty
legislative days after the Secretary of Agriculture submits to the House
and Senate Committees on Appropriations a complete and thorough cost-
benefit analysis and a certification by the Secretary of Agriculture
that this analysis provides a detailed and accurate cost-benefit
analysis comparison between obtaining or expanding commercial off-the-
shelf software systems and conducting identical or comparable software
systems acquisitions, re-engineering, or modifications in-house.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded in this
Act, $596,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, $110,187,000, of which
$20,216,000 shall be retained by the Department for the operation,
maintenance, and repair of Agriculture buildings: Provided, That in the
event an agency within the Department should require modification of
space needs, the Secretary
[[Page 109 STAT. 301]]
of Agriculture may transfer a share of that agency's appropriation made
available by this Act to this appropriation, or may transfer a share of
this appropriation to that agency's appropriation, but such transfers
shall not exceed 5 percent of the funds made available for space rental
and related costs to or from this account. In addition, for
construction, repair, improvement, extension, alteration, and purchase
of fixed equipment or facilities as necessary to carry out the programs
of the Department, where not otherwise provided, $25,587,000, to remain
available until expended; making a total appropriation of $135,774,000.
Advisory Committees (USDA)
For necessary expenses for activities of advisory committees of the
Department of Agriculture which are included in this Act, $650,000:
Provided, That no other funds appropriated to the Department in this Act
shall be available to the Department for support of activities of
advisory committees.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6961, $15,700,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Waste Management may be
transferred to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-Federal
lands.
Departmental Administration
(including transfers of funds)
For Personnel, Operations, Information Resources Management, Civil
Rights Enforcement, Small and Disadvantaged Business Utilization,
Administrative Law Judges and Judicial Officer, Disaster Management and
Coordination, and Modernization of the Administrative Process,
$27,986,000, to provide for necessary expenses for management support
services to offices of the Department and for general administration and
disaster management of the Department, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109: Provided, That this
appropriation shall be reimbursed from applicable appropriations in this
Act for travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551-558.
[[Page 109 STAT. 302]]
Office of the Assistant Secretary for Congressional Relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
in this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,797,000: Provided, That no other
funds appropriated to the Department in this Act shall be available to
the Department for support of activities of congressional relations:
Provided further, That not less than $2,355,000 shall be transferred to
agencies funded in this Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $8,198,000,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C. 3109, and not
to exceed $2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, as amended, $63,639,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978, as amended, including a sum not to exceed $50,000 for
employment under 5 U.S.C. 3109; and including a sum not to exceed
$95,000 for certain confidential operational expenses including the
payment of informants, to be expended under the direction of the
Inspector General pursuant to Public Law 95-452 and section 1337 of
Public Law 97-98: Provided, That funds transferred to the Office of the
Inspector General through forfeiture proceedings or from the Department
of Justice Assets Forfeiture Fund or the Department of the Treasury
Forfeiture Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the Office of
Inspector General participates, or through the granting of a Petition
for Remission or Mitigation, shall be deposited to the credit of this
account for law enforcement activities authorized under the Inspector
General Act of 1978, as amended, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$27,860,000.
[[Page 109 STAT. 303]]
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service and
the Cooperative State Research, Education, and Extension Service,
$520,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$53,131,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
and marketing surveys, as authorized by the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621-1627) and other laws, $81,107,000: Provided, That
this appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $40,000 shall be available for employment under
5 U.S.C. 3109.
Agricultural Research Service
(including transfers of funds)
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, $710,000,000: Provided,
That appropriations hereunder shall be available for temporary
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall be
available for employment under 5 U.S.C. 3109: Provided further,
That <<NOTE: 7 USC 2254.>> appropriations hereunder shall be available
for the operation and maintenance of aircraft and the purchase of not to
exceed one for replacement only: Provided further, That
appropriations <<NOTE: 7 USC 2254.>> hereunder shall be available
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair
of buildings and improvements, but unless otherwise provided the cost of
constructing any one building shall not exceed $250,000, except for
headhouses or greenhouses which shall each be limited to $1,000,000, and
except for ten buildings to be constructed or improved at a cost not to
exceed $500,000 each, and the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement
value of the building or
[[Page 109 STAT. 304]]
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That the foregoing limitations shall not apply
to the purchase of land at Beckley, West Virginia: Provided further,
That not to exceed $190,000 of this appropriation may be transferred to
and merged with the appropriation for the Office of the Under Secretary
for Research, Education and Economics for the scientific review of
international issues involving agricultural chemicals and food
additives: Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the purpose
of establishing or operating any research facility or research project
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104th Congressional Public Laws Records and Documents
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